Voluntary self-exclusion from gambling not always a solution

Kelly Sinoski, Vancouver Sun01.29.2013

While “the legal landscape is still in development” in Canada, said Michael Stephens, litigation counsel for Hunter Litigation Chambers in Vancouver, courts in Australia, the U.K. and the U.S. have dismissed several cases involving problem gamblers, ruling the casinos had no duty of care to those who had signed self-exclusion agreements.

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Problem gamblers who are suing casinos under B.C.’s voluntary self-exclusion program may not fare so well once their cases finally get to court, judging by the results in other cases around the world.

While “the legal landscape is still in development” in Canada, said Michael Stephens, litigation counsel for Hunter Litigation Chambers in Vancouver, courts in Australia, the U.K. and the U.S. have dismissed several cases involving problem gamblers, ruling the casinos had no duty of care to those who had signed self-exclusion agreements.

In one Australian case, a judge did accept there was a duty of care to enforce a prohibition on gambling for one compulsive gambler, but dismissed the case on grounds that the breach did “not cause financial losses,” Stephens said.

A B.C. judge earlier this month certified a class-action lawsuit against the B.C. Lottery Corporation for two men who were denied their slot machine jackpots because they had signed voluntary self-exclusion agreements. The BCLC said Hamidreza Haghdust and Michael Lee could not claim more than $77,000 they won because of the terms of the Voluntary Self-Exclusion program, which specifies they wouldn’t get any winnings if they played.

Lawyers for both Haghdust and Lee argued their clients had spent about $200,000 and $30,000 gambling respectively after they had signed the self-exclusion agreement and that the BCLC decision not to pay is “unconscionable and a breach of contract.”

In 2010, Joyce Ross, 54, of Delta, was the first gambling addict in B.C. to file a civil suit against the BCLC, alleging the voluntary self-exclusion program failed to stop her from entering two casinos and spending $331,000.

Dr. Robert Ladouceur, professor emeritus of the University of Quebec, said self-exclusion is an individual choice meant to restrict or reduce the money spent on gambling.

Few program gamblers will seek professional help, he said, only three per cent to five per cent per year. “They’re aware they should not come back,” he said.

He noted about 50 per cent of those who sign self-exclusion agreements do breach the conditions at least once. But about 25 to 35 per cent of those pathological gamblers also find they don’t have the same tendency to gamble after six to 24 months in the program.

“The ultimate decision to gamble or not belongs to the individual,” Ladouceur said. “The emphasis is that it’s self-exclusion; that you have the urge or motivation to go back for many reasons.”

Ladouceur maintains many jurisdictions require gamblers to produce a passport or other identification but this is not the preferred option in North America and Asia. Instead, operators should offer a variety of responsible gaming measures on a volunteer basis.

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